Court dismisses Magic Kiosk appeal

An appeal filed by the owner of the former Magic Kiosk in Sliema was thrown out by three judges who said his rights had not been violated when the kiosk was demolished in 2009, because he had no legal right over the land.

The appeals court upheld another decision on a constitutional application filed by owner Joe Pace on behalf of Britannia Catering Company. The judge had ruled that the company had no legal grounds because the deeds granting it the land had lapsed.

The turquoise aluminium kiosk in St Anne Square in the heart of Sliema, was demolished in January 2009 after a long drawn out legal battle between Mr Pace and the authorities.

The restaurant was built on government land rented by the Pace family for the past 32 years through two deeds of temporary emphytheusis – which expired in 2004 and December 2008.

Mr Pace was told to clear the kiosk from the square in July 2008 as the government had plans to open up the area, turning it an open space.

In his application, filed against the Land Department, the Resources Ministry and the planning authority, Mr Pace pointed out that the ministry had submitted a planning application in 2008 for the revamping of the square and to remove his kiosk.

He argued that he was not notified in any way of the planning application and that his right to a fair hearing and to freedom from discrimination had been violated.

But the three judges in the appeals court – Mr Justice Albert Magri, Mr Justice Geoffrey Valenzia, and Mr Justice Tonio Mallia – upheld the original judgment, saying the owner had no juridical interest in the case.

Also, the deeds stipulated that, once expired, the land would be returned to the government without any right for compensation to Mr Pace.

However, Mr Pace had insisted on remaining at the kiosk even after the deeds had lapsed.

The appeals court noted that a person had to have a legal interest in a case, at all stages, to start legal proceedings. In this case, once the agreements had lapsed, Mr Pace had no legal interest.